Lawyers clarify energy tax refund

Avocats working on reclaiming tax paid as part of electricity bills have given further advice on claims

BUSINESS lawyers working on the problem of reclaiming CSPE tax paid as part of electricity bills have reiterated advice to customers to make claims to the CRE and also clarified that claims should include VAT.

As Connexion reports in our May issue, lawyers say there is a good case to be made for electricity users being able to reclaim two years of the Contribution au service public d’électricité (CSPE), which can represent up to 10% of the amount of bills.

Some readers have reported issues over whether claims should be made the Commission de Régulation de l’Energie (CRE) – as business lawyers Lamy-Lexel told Connexion - or to electricity companies.

Lawyers from Lamy-Lexel have reiterated to Connexion their advice to apply to the CRE, and to do so by lettre recommandée avec avis de réception (LRAR) – recorded delivery letter with reception slip.

The outcomes remain unclear at this stage, but the lawyers say that lodging a letter will give you the best chance of receiving a refund when more clarity emerges – probably when the Conseil d’Etat makes a ruling on the matter.

Lamy-Lexel has been working with business clients who have large sums of tax to reclaim and it adds that it is appropriate for claims to include the VAT (in French “TVA”) that is added to the CSPE.